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New FOIA Lawsuit: AIC v. DHS & ICE (access to counsel)

"ICE’s policies and guidance on access to counsel are difficult to ascertain. As a result, they are a source of great confusion for immigration lawyers, their clients, and the general public. To clarify these policies, the American Immigration Council submitted a Freedom of Information Act request to ICE in March 2011. The FOIA process has been fraught with errors and inefficiencies. After AIC submitted its request, the agency responded that it had no responsive documents, but then on appeal, conceded that its search was inadequate. Yet, to date, ICE has failed to produce a single responsive document. AIC has been forced to file three administrative appeals. These appeals and ICE’s decision to reprocess the same FOIA request as though it were a new request have resulted in additional delay. ICE’s failure to turn over requested records violates the FOIA and is impeding AIC’s efforts to educate the immigration bar regarding the right to counsel and to effectively advocate for justice and fairness for noncitizens in their interactions with ICE." - AIC v. DHS & ICE, No. 1:12-cv-00856-JEB, May 31, 2012, DC D.C.